Highlights
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EB-1 remains current for all countries.
- Final Action Dates:
- EB-2 China remained unchanged at July 1, 2018, and EB-3 China remained unchanged at January 8, 2019.
- EB-2 India remained unchanged at September 1, 2011, and EB-3 India remained unchanged at January 1, 2014.
- Dates For Filing:
- EB-2 China remained unchanged at September 1, 2018, and EB-3 China retrogressed by almost 6 months to January 15, 2019.
- EB-2 India advanced by over 7 months to July 8, 2012, and EB-3 India retrogressed by almost 2 months to January 8, 2014.
FINAL ACTION DATES (Chart A):
China:
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EB-2: Remained unchanged at July 1, 2018.
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EB-3: Remained unchanged at January 8, 2019.
India:
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EB-2: Remained unchanged at September 1, 2011.
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EB-3: Remained unchanged at January 1, 2014.
Others:
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EB-1: Current for all countries.
DATES FOR FILING (Chart B):
China:
- EB-2: Remained unchanged at September 1, 2018.
- EB-3: Retrogressed by 6 months to January 15, 2019.
India:
- EB-2: Advanced by over 7 months to July 8, 2012.
- EB-3: Retrogressed by almost 2 months to January 8, 2014.
Others:
- EB-1: Current for all countries.
PLEASE NOTE: The USCIS has indicated they will accept adjustment of status applications pursuant to Dates for Filing (Chart B) for October 2021 at this time. For more information, please visit the USCIS website.
Next Steps and Strategies
If your priority date is current under the Dates for Filing for Chart B in October for EB-3, we do have the opportunity to file a downgrade I-140 petition and your AOS concurrently. However, filing a downgrade petition does entail costs and resources to both you and your employer. In addition, I-140 downgrades cannot be premium processed until 30 days after filing or a receipt notice is received by EIG, whichever is later. Therefore, in some cases, it may be beneficial to wait for your priority date to become current in the EB-2 category. If you believe this situation may apply to you, please reach out to the primary attorney to discuss the next steps and strategies for your green card process.
Looking Forward
With the EB-1 category continuing to remain current for all countries, EIG expects that EB-1 will continue progressing the same with each visa bulletin. For China and India, EB-2 and EB-3 remain unchanged in the October visa bulletin. We anticipate that EB-2 for both India and China will see positive progression in the coming months.
The Dates for Filing charts did retrogress for both China and India in the EB-3 category. In addition, the State Department confirmed there could be more retrogression for the EB-3 category for both India and China. This should not affect those individuals who already have an Adjustment of Status Application pending. However, it may limit individuals from filing in the EB-3 category for the remainder of the year, depending upon whether USCIS decides to use Chart A or Chart B for future months.
The EIG team closely monitors changes to the monthly visa bulletin and determines the best plan of action for each case. We will reach out to individuals whose priority date will be current next month to initiate the next step of the green card process.
For more information about the Visa Bulletin, we’ve summarized and answered frequently asked questions here. We encourage you to read this article to better understand what your priority date means.
The complete Visa Bulletin for October 2021 can be found here.